SB42 Alabama 2024 Session

Summary

Primary Sponsor

Bobby D. SingletonSenator

Democrat

Session

Regular Session 2024

Title

Crimes and offenses; unlawful possession of marijuana; crime revised based on amount of ounces possessed; criminal penalties revised

Summary

SB42 rewrites Alabama's unlawful possession of marijuana laws by creating a first-degree offense for possessing one ounce or more with penalties based on prior convictions, reducing penalties for possession under one ounce, and adding a path to expungement.

What This Bill Does

Creates a first-degree crime for possessing one or more ounces of marijuana, with penalties determined by the number of prior offenses within the last five years: a first conviction in five years is a Class C misdemeanor up to $250, a second conviction is a Class C misdemeanor up to $500, and a third or subsequent conviction is a Class CD felony up to $750. Rewrites the second-degree offense to cover possession of less than one ounce for personal use, punishable as a Class A misdemeanor with a fine up to $200. Adds a pathway to expungement for a person charged, found not guilty, or convicted of first- or second-degree possession if they have not been convicted of any felony, misdemeanor, or violation (excluding minor traffic violations) within the last five years. Fines from these offenses go to the State General Fund, and the act becomes effective October 1, 2024.

Who It Affects

• People who possess marijuana in Alabama: possession of one ounce or more would trigger a first-degree offense with penalties escalating based on prior offenses in the last five years; possession of less than one ounce would become a second-degree offense with a smaller fine.
• People with prior marijuana offenses and those seeking expungement: individuals with previous violations may face higher penalties under the first-degree framework, while people who meet the expungement criteria (no felony/misdemeanor/violation in the past five years) could have their case wiped from records.

Key Provisions

• Defines unlawful possession of marijuana in the first degree as possessing one or more ounces, with two subcases: for other than personal use, or for personal use after prior conviction of second degree or personal use only.
• Penalties for first-degree possession: first conviction in the last five years is a Class C misdemeanor with a fine up to $250; second conviction in the last five years is a Class C misdemeanor with a fine up to $500; third or subsequent conviction in the last five years is a Class CD felony with a fine up to $750.
• Specifies that unlawful possession of marijuana in the first degree for the personal-use-after-prior-conviction scenario can be a Class D felony.
• Defines unlawful possession of marijuana in the second degree as possession of less than one ounce for personal use, punishable as a Class A misdemeanor with a fine up to $200.
• Allows expungement of records for those charged, found not guilty, or convicted of first- or second-degree offenses if they have not been convicted of any felony, misdemeanor, or violation (excluding minor traffic violations) in the prior five years, through the existing expungement process.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses